Review Questions - Chapterr 8
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Law
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Nov 24, 2024
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Review Questions – Chapter 8 1.
How do you effect service on a partnership? a.
According to Rule 16.02(1)(a), personal service on an individual can be made by leaving a copy of the document with the person that you wish to serve.
b.
There are also specific provisions in Rule 16.02 governing personal service on a corporation, a municipality, a partnership, a sole proprietorship, and other entities.
c.
When you are serving a document that requires personal service under the Rules and the party is not a competent adult individual, refer to Rule 16.02 to determine the manner in which you are required to serve your document.
d.
The person effecting per-sonal service of a document is not required to have with them the original document (Rule 16.02(2)).
e.
Acceptance of service by a lawyer: Rule 16.03(2)
f.
Service by mail to the last known address: Rule 16.03(4)
g.
Service at place of residence: Rule 16.03(5)
h.
Service on a corporation: Rule 16.03(6)
2.
When can you serve a Notice of Application by email if the respondent is an individual?
a.
To effect valid service on a lawyer of record by email under Rule 16.05(1)(f), the fol-lowing conditions must be met:
i.
The email message to which the court document is attached must contain all the information required by Rule 16.06.1(1), including the name of the person transmitting the message and his or her address, telephone number, and email address, if any; the date and time of the message; and the name and telephone number of a contact should there be transmission problems.
ii.
If email service on the lawyer of record is received between 4:00 p.m. and midnight, service is deemed to have occurred the next day.
3.
Julie Giudice served the defendant’s lawyer of record by mail with a document that was not an originating process. The document was mailed on Friday, September 23. What date will service be effective?
a.
Pursuant to Rule 16.06(1), a copy of the document may be mailed to the lawyer’s office by either regular or registered mail. Service under this rule is only effected on the fifth day after mailing
, but it’s not necessary to wait the five days to file the document and affidavit of service with the court.
4.
A process server wants to serve Frasier Croon with a statement of claim. He goes to Frasier’s house and finds the cleaner there alone. The process server leaves a copy of the statement of claim with the cleaner without first asking him who he is and mails a copy to Frasier at the same address on the same day. Is this good service? Explain your answer.
a.
No, this isn’t a good service because you may only use this method of service if you have attempted, at least once, to serve the document
personally. If choosing to go to Frasier’s house you must leave the sealed envelope with a person who appears to be an adult member of the household, and because the cleaner isn’t part of the household than it wouldn’t be a good service, since it would have had to be left alone with an adult that is a member of the household. 5.
Jaspal wants to serve a statement of defence on the lawyer of record for the plaintiff. He is running out of time and decides to serve the document by fax at 9:30 p.m. Is this good service?
a.
No, it is not a good service because it is not one of the options to serve a statement of defence. By fax, anyone in the office can get the document. Jaspal should bring the document to the office to make sure that it gets to the lawyer or an employee or by email, or mail. 6.
You are a law clerk for Seneca and Associates, Barristers and Solicitors, 1750 Finch Avenue East, Toronto, Ontario, M2J 2X5. Your client is John Ahab, who is suing Moby’s Whale of a Time Inc, a chain of restaurants, for negligently leaving a bone in his sushi. You have just served Moby’s Whale of a Time Inc with a statement of claim. You went to the restaurant closest to the law office, at 5910 Yonge Street, North York, Ontario, M7U 4T8 and left a copy with the manager of the restaurant, Ishmael Bosun. Draft an affidavit of service. If there is any necessary information that you think is missing, make it up.
FORM 16B
Courts of Justice Act
AFFIDAVIT OF SERVICE
Court file no. 01-CN-2314
ONTARIO
SUPERIOR COURT OF JUSTICE BETWEEN:
JOHN AHAB
Plaintiff
and
Defendant MOBY’S WHALE OF A TIME INC
AFFIDAVIT OF SERVICE I, Kirsten Wicklander, City of Toronto, in the Province of Ontario, MAKE OATH AND SAY:
(Service by leaving a copy with an adult person at the business as an alternative to personal service)
1.
I served Moby’s Whale of a Time Inc with the statement of claim by leaving a copy on October 17, year 1, at 2:00 p.m., with Ishmael Bosum who is the manager of the restaurant. The address is 5910 Yonge Street, North York, Ontario,
M7U 4T8, and by sending a copy by regular Lettermail on October 17, Year 1 to Moby’s Whale of a Time Inc at the same location. 2.
I ascertained that the person was an adult member of the business by means of the fact he identified himself as Ishmael Bosun and showed identification that he is the manager and confirmed that he was over 18 years of age. 3.
Before serving the documents in this way, I made an unsuccessful attempt to serve Moby’s Whale of a Time Inc personally at the same address on October 16, Year 1. Sword or affirmed before me:
(
select one
): in person
or by video conference 7.
You sent the process server out to serve a sole proprietorship personally. When the process server came back, he produced an affidavit that said he left a copy of the statement of claim with Ginny, the assistant cashier at the place of business. Is this service adequate?
a.
It would be better to mail or email the statement of claim to the sole proprietorship not the assistant cashier. If possible it would be better to drop off the statement of claim at the residence. 8.
In the following situations, will it be necessary to seek leave of the court to serve a party with an originating process outside Ontario? a.
Joe died in Ontario. His heirs want to sue his nurse, Betty, who they believe removed some of Joe’s property from his home after he died, and they want the property to be returned.
i.
No b.
Stacey lives in Toronto. She was in a car accident in New York State. She wants to sue the owner of the car that hit her car. He lives in New York State.
i.
Yes
c.
The parties made a contract in Manitoba, but since they knew that one of the parties was moving his business to Toronto the next month, they agreed to a term in the contract that the law of Ontario should govern.
i.
Yes 9.
You are a law clerk with the firm of MacDonald, Reed, and Buss. Your supervising lawyer is Jacqueline Reed. The address of the firm is:
MacDonald, Reed, and Buss Barristers and Solicitors 200 Bay Street, Suite 1100 Toronto, Ontario, M5V 3T3 Tel.: 416-595-5000 Email: MDRB@sympatico.ca
Your law firm acts for the plaintiffs, Yorkful Developers Inc. The defendant is Louis LaFrance. The process server is Jacky Dillhopper. Jacky phones and tells you he has effected service on Louis LaFrance by attending at his residence at 100 Bloor Street North, Toronto, Ontario, M6Y 4R7. He left a copy with Louis’s wife, Celine, after she identified herself as Louis’s wife.
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Draft an affidavit of service for Jacky to sign when he gets back to the office.